[2024] KEELRC 2788 (KLR)
The court found that the claimant's cause of action arose on 15th July 2020, when he retired from employment, and the claim was filed on 4th August 2023, which is after the three-year limitation period set by Section 90 of the Employment Act. The court held that it has no jurisdiction to entertain claims filed...
Source-derived case information.
- Citation
- [2024] KEELRC 2788 (KLR)
- Parties
- Applicant: Charles Simiyu Makhanu; Respondent: Bob Morgan Security Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause E933 of 2023
- Procedural Posture
- Cause / Ruling on Preliminary Objection
- Outcome
- claim struck out as statute barred
- Judges
- L Ndolo
- Legal Topics
- Limitation Periods, Employment Contracts, Jurisdiction of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Simiyu Makhanu
Applicant
Bob Morgan Security Limited
Respondent
Procedural Posture
Cause / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the claimant's suit is statute barred under Section 90 of the Employment Act.
- 2 Whether the court has jurisdiction to entertain a claim filed outside the statutory limitation period.
Ratio Decidendi
The court found that the claimant's cause of action arose on 15th July 2020, when he retired from employment, and the claim was filed on 4th August 2023, which is after the three-year limitation period set by Section 90 of the Employment Act. The court held that it has no jurisdiction to entertain claims filed outside this statutory period, as affirmed by the Court of Appeal in Beatrice Kahai Adagala v Postal Corporation of Kenya. Consequently, the respondent's preliminary objection was upheld and the claim was struck out for being time-barred.
Court Disposition
claim struck out as statute barred
Orders
- The respondent's preliminary objection is upheld.
- The claimant's claim is struck out for being time-barred under Section 90 of the Employment Act.
Full Case Text
Judgment text and source record
22 paragraphs
Makhanu v Bob Morgan Security Limited (Cause E933 of 2023) [2024] KEELRC 2788 (KLR) (14 November 2024) (Ruling)
Neutral citation: [2024] KEELRC 2788 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Cause E933 of 2023
L Ndolo, J
November 14, 2024
Between
Charles Simiyu Makhanu
Claimant
and
Bob Morgan Security Limited
Respondent
Ruling
1. This ruling disposes of the Preliminary Objection taken by the Respondent by way of notice dated 2nd September 2024, on the ground that the Claimant’s claim is statute barred under the provisions of Section 90 of the Employment Act.
2. The Respondent therefore maintains that the Court has no jurisdiction to entertain the claim and ought to be struck out. The Claimant did not respond to the Respondent’s Objection in spite of due notice.
3. The Respondent bases its Preliminary Objection on Section 90 of the Employment Act, which provides as follows:90. Notwithstanding the provisions of section 4(1) of the Limitation ofActions Act, no civil action or proceedings based or arising out ofthis Act or a contract of service in general shall lie or be institutedunless it is commenced within three years next after the act, neglector default complained or in the case of continuing injury or damagewithin twelve months next after the cessation thereof.
4. A perusal of the Claimant’s Memorandum of Claim dated 4th August 2023, reveals that his cause of action arose on 15th July 2020, when he retired from employment. His claim was therefore filed after the lapse of the time limit set by Section 90 of the Employment Act and as held by the Court of Appeal in Beatrice Kahai Adagala v Postal Corporation of Kenya [2015] eKLR, no court has any leeway to extend time under this provision.
5. In the result, I uphold the Respondent’s Preliminary Objection and strike out the Claimant’s claim on account of limitation of time.
6. Each party will bear their own costs.
7. Orders accordingly.
DELIVERED VIRTUALLY AT NAIROBI THIS 14TH DAY OF NOVEMBER 2024LINNET NDOLOJUDGEAppearance:No appearance for the ClaimantMr. Njuguna for the Respondent